Halloween shout design Terms & Conditions

  1. By entering this competition, all entrants will be deemed to have accepted and agreed to be bound by these rules.
  2. This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged, based upon individual creative merit. 
  3. Entry is only open to Australian residents currently residing in Australia who are aged 18 years or over. 
  4. Employees of the promoter and agencies associated with this promotion (Shouta.co Pty Ltd and their trade suppliers) are ineligible to enter the competition, as are their immediate families. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. This promotion commences on Thursday 1st September 2022 at 12.01 am AEDT and ends on Monday 3rd October 2022 at 9.00 am AEDT (“Promotional Period”). All times specified in these terms and conditions are in AEDT, as applicable in NSW. 
  6. To enter the competition, entrants must, during the Promotional Period, complete and submit their entries for this promotion with all requested details, including their valid email address. The online entry form for this promotion will be available at Shouta.co/halloween-2022
  7. One entry permitted per person. One entry must include:

    Shout icon: 150 x 150px, 72dpi, maximum 150kB, PNG or GIF format
    Shout card: 300 x 200px, 72dpi, maximum 250kB, PNG or GIF format

  8. All entries will be judged based on the creative merit and uniqueness of the entry. The judges' decision will be final and no correspondence will be entered into.
  9. The competition winners will be notified by email and their names published on the Shouta App, Shouta Biz Platform, Shouta website and Shouta social media on Friday 14th October 2022.
  10. Prizes, or any unused portion of a prize, are not transferable or exchangeable.
  11. Total prize pool is a shout redeemable via Shouta App valued at AUD$250. 
  12. All entrants must have a valid Australian mobile phone number, download and register via the Shouta App. 
  13. The first prize will be delivered to the winner via Shouta App. 
  14. If Shouta is unable to contact the winner/s within 30 days of the determination of winners and Shouta has made every effort to contact them with the information provided by the entrant then Shouta will award the prize to the next best valid entry. 
  15. Shouta reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these terms and conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  16. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  17. Incomplete, indecipherable or illegible entries will be deemed invalid. 
  18. The Promoter’s decision in relation to all aspects of this promotion is final and no correspondence will be entered into.
  19. If for any reason a winner does not take or claim/redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  20. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
  21. All material submitted on entry (e.g. images) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or(  c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
  22. Shouta, the prize providers and their associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  23. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  25. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. Where the entrant ‘opts-in’ on entry, the Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.shouta.co/privacy. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  26. All entrants who choose to ‘opt-in’ consent to have their contact details (title, first name, surname and email only), released to Shouta and receiving ongoing marketing material and correspondence from Shouta.
  27. All entrants must accept Shouta's terms and conditions and privacy policy.
  28. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  29. All competition judgement will take place at the premises of the Promoter, being Shouta, ABN 73 640 181 595, of Level 4, 11 York St, Sydney (Promoter).